K RAKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.2 and 3 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 380 , 454 , 457 of IPC registered in respondent Police Station Crime No.401/2017.

(2.) The prosecution case as per the complaint averments is that on 09.09.2017, in the morning, the complainant's 1st brother by name K.C. Thippeswamy and his wife and children went to Chitradurga for attending the housing ceremony of their relative. From Chitradurga, his brother K.C. Thippeswamy went to Goa for his work. The wife and son of Thippeswamy after attending above said function returned to their home at Challakere on 10.09.2017 at 7 p.m. At that time, the door was opened and it seems that somebody has entered the house in between 09.09.2017 at 8 a.m. to 10.09.2017 at evening 7 p.m. and break opened the lock and stolen amount to the tune of Rs.10,70,000/- and said incident was reported by complainant to his brother Thippeswamy and the said Thippeswamy after verifying the same, gave complaint to the police. Further, it is averred in the complaint by the complainant that his another brother by name K.C. Veerendra @ Puppy went out of station for his work and at the same time, the mother of the complainant Smt. T Rathnamma and wife of Veerendra @ Puppy by name Smt. R.D. Chaitra and their daughter went to Chitradurga on 10.09.2017 for attending housing ceremony and they also came along with above said Manjula to Challakere on 10.09.2017 at 7.00 p.m. In the house of Veerendra @ Puppy at 1st floor, in the bedroom, the locker was opened and there was theft in the said locker wherein a gold biscuit weighing about 21 kg amounting to the tune of Rs.6 Crore 30 Lakh was stolen and the same was informed by complainant to his brother and his brother Veerendra @ Puppy has informed complainant to give complaint to the police and the complainant stating the above facts gave complaint to the Jurisdictional Police. On the basis of the said complaint, the case was registered by the respondent police.

(3.) I have heard learned Counsel appearing for the petitioners-accused Nos.2 and 3 and the learned High Court Government Pleader appearing for the respondent- State.